Soumyajit Champati vs State Of Odisha & Ors

This matter is taken up through hybrid mode.

Heard Mr. B. Nayak, learned counsel appearing for the petitioner and Mr. S. Nayak, learned Additional Standing Counsel appearing for the State-opposite parties.

The petitioner has filed this writ petition seeking to quash the order/letter dated 08.01.2024 under Annexure-9, by which opposite party no.2-Commissioner of Excise, Odisha has communicate to the Government of Odisha, Excise Department that there is no such provision in Excise Policy, Act or Rule to interchange the IMFL ON Shop from the category of IMFL ON Shop (without Lodging) to IMFL ON Shop (with Lodging and therefore, the licensee, if wants to obtain the IMFL ON Shop (with Lodging) license, may be instructed to apply afresh for the same as per the existing Excise Act, Rule and Policy.

Mr. B. Nayak, learned counsel appearing for the petitioner contended that the order dated 08.01.2024 issued by opposite party no.2 under Annexure-9 is arbitrary, unreasonable and contrary to the provisions of the Excise Act. Therefore, he seeks for interference of this Court at this stage.

Mr. S. Nayak, learned Additional Standing Counsel appearing for the State-opposite parties contended that by virtue of order dated 08.01.2024 under Annexure-9, the petitioner has been granted liberty to apply afresh for IMFL ON Shop (with Lodging) license. Therefore, the said order cannot be said as illegal and arbitrary so as to cause interference of this Court.

Considering the contentions raised by learned counsel for the parties and after going through the records, this Court finds that the petitioner, licensee of Hotel Single Shot (without lodging) filed an application with regard to change of category of liquor shop from IMFL Restaurant “ON” Shop to IMFL Hotel “ON” Shop for the remaining period 2022-23 and the Collector, Khordha recommended the said proposal, which has been transmitted to the Excise Department. The Commissioner of Excise, Odisha, vide order dated 08.01.2024 under Annexure-9 communicated to the Government of Odisha, Excise Department that there is no such provision in Excise Policy, Act or Rule to interchange the IMFL ON Shop from the category of IMFL ON Shop (without Lodging) to IMFL ON Shop (with Lodging and therefore, the licensee, if wants to obtain the IMFL ON Shop (with Lodging) license, may be instructed to apply afresh for the same as per the existing Excise Act, Rule and Policy. Thus, the Commissioner of Excise, Odisha, while passing the said order, has permitted the petitioner to apply afresh for obtaining the IMFL ON Shop (with Lodging) license. Therefore, this Court is not inclined to entertain this writ petition. However, liberty is granted to the petitioner to pursue his remedy before the appropriate forum in terms of the order dated 08.01.2024.

With the above observation, the writ petition stands disposed of.

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